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2025 DAILYLAW 33374 (KAR)

P GOPAL v. THE STATE OF KARNATAKA

WP/7413/2020 · 2025-01-22

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2708 WP No. 7413 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 7413 OF 2020 (GM-ST/RN) BETWEEN: 1. P.GOPAL S/O LATE P.BALACHANDRA RAO, AGED ABOUT 63 YEARS, OCC: SELF EMPLOYED, LAKSHMI, VILLA T-12/14, EAGLETON GOLF RESORTS, BIDADI, BENGALURU-562 109. KARNATAKA. 2. P.VITHAL RAO S/O LATE P.BALACHANDRA RAO, AGED ABOUT 69 YEARS, OCC-AGRICULTURIST, R/O.NO.D-131, BRUNDAVAN GARDENIA, 4TH MAIN, 4TH CROSS, HANUMAGIRI HILLS LAYOUT, AREHALLI, BENGALURU-560 061. KARNATAKA. …PETITIONERS (BY SRI. K.MANIK PRABHU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2708 WP No. 7413 of 2020 2. THE INSPECTOR GENERAL AND COMMISSIONER OF STAMPS, 8TH FLOOR, KANDAYA BHAVANA, K.G.ROAD, BENGALURU-560 009. 3. SUB-REGISTRAR, AMARKHED COMPLEX, STATION ROAD, RAICHUR-584 101. 4. VISHAL S/O LATE P.KISHAN RAO, MAJOR, 303.0., SUMUKHA APARTMENT, 3RD CROSS, UTTARAHALLI MAIN ROAD, BEHIND ICICI BANK, SIMHADRI LAYOUT, BENGALURU-560 061. KARNATAKA. 5. SMT. RADHIKA BAI W/O LATE P.KISHAN RAO, MAJOR, C/O 303.0., SUMUKHA APARTMENT, 3RD CROSS, UTTARAHALLI MAIN ROAD, BEHIND ICICI BANK, SIMHADRI LAYOUT, BENGALURU-560 061. KARNATAKA. 6. VINEESH S/O LATE P.KISHAN RAO, MAJOR, C/O 303.0., SUMUKHA APARTMENT, 3RD CROSS, UTTARAHALLI MAIN ROAD, BEHIND ICICI BANK, SIMHADRI LAYOUT, BENGALURU-560 061. KARNATAKA. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 3 - NC: 2025:KHC:2708 WP No. 7413 of 2020 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahantesh Shettar., AGA for the respondents 1 to 3 has appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ in the nature of Certiorari to quash the Cancellation Deeds dated 23.12.2015 bearing Document No.218/2015-16 and Document No.219/2015-16, Document No.219/2015-16 and Document No.220/2015-16 and Document No.221/2015-16 respectively executed by the eldest brother unilaterally and registered in the office of the third respondent vide Annexures-K, L, M and N as interrelated and interlinked documents. (b) Issue a Writ in the nature of Mandamus directing the third respondent to register any deed/ agreements pursuant to the rights vested/ accrued in the petitioners by virtue of the - 4 - NC: 2025:KHC:2708 WP No. 7413 of 2020 Irrevocable General Power of Attorney executed in favor by his brothers respectively. 3. Heard the arguments and perused the Writ papers with care. 4. The grievance of the petitioner is about cancellation of deeds. Such a prayer cannot be accorded in the Writ Petition exercising power under Articles 226 and 227 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 32